Notice of code violations and utility shut offs under the CRLTO

notice of conditions affecting habitability CRLTOLandlords of tenancies covered by the Chicago Residential Landlord and Tenant Ordinance must make a number of disclosures to prospective tenants before entering into a lease.  One such required disclosure, found in Section 5-12-100 of the CRLTO, is the notice to lessees of “conditions affecting habitability”.

Section 100 imposes two written disclosure requirements.  Section (a) deals with code violations and section (b) deals with utilities.  The ordinance requires that the disclosure be made before a tenant initially enters into a lease or before the tenant renews a rental agreement.  That means landlords must constantly be aware of these disclosures whether the lease is new or being renewed.  Some “Chicago” lease forms (remember, there is no such thing as a “standard” Chicago lease) provide a space for the information right on the form but many (most) do not.  Landlords without a form for this information should prepare one (we commonly provide such a form when we assist landlords with their lease drafting and review) and make sure it makes it into the tenant’s hands when the lease is offered.

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